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What is considered compensable travel time pursuant to the Fair Labor Standards Act (“FLSA”) is not always clear or intuitive to employers, even for those who usually have a good handle on wage and hour laws. This blog post hopefully will simplify the requirements set forth in the U.S. Department of Labor’s (“DOL”) regulations and interpretive guidance to help clarify when employees must be paid for travel time.

Ordinary Home-to-Work Travel

Likely not a surprise for most employers, employees are not entitled to pay for time that they normally spend commuting between their homes and the work place.

And, keep in mind, this rule applies to employees who report to the same or different work sites.

If, however, a particular work site is well beyond the employee’s typical home-to-work commuting time, e.g. the employee lives five miles from his office, but is asked to commute 50 miles to an alternative work site for a discrete assignment, the employer should consider, for both legal and employee relations reasons, paying for such significantly longer commuting time.

Same Out-of-Town Day Travel

DOL regulations provide for a different rule for out-of-town travel – even if all of the travel and work is accomplished in one day. The regulations provide an example where an employee works in Washington, D.C. during the hours of 9:00 AM to 5:00 PM.

Assume the employee is asked to work on an assignment in New York City for one day, for which he must leave his house at 8:00 AM and arrives in New York City at 12:00 PM whereupon he starts to work. He completes the work at 3:00 PM, and arrives back in Washington, D.C. at 7:00 PM. How much, if any, should this employee be paid for traveling to New York?

The DOL takes the position that this travel cannot be considered normal (and non-compensable) home-to-work commuting, even if it is accomplished in one day. Rather, the DOL provides that such travel must be compensated because it is an integral part of the work to be performed. The regulations provide, however, that employers may deduct the time it took the employee to travel from his home to the train station, airport or bus depot, which is treated as the equivalent to normal home-to-work commuting time.

Travel That Is “All in a Day’s Work”

Employers are required to pay for all work-related travel time spent by employees throughout the course of the work day. This rule specifically applies to employees who travel as part of their principal activity from one job site to another.

Remember, however, that employers may still deduct normal home-to-work commuting, such as the time that an employee spends commuting from the last job site of the day to her home.

Overnight Out-of-Town Travel

Probably the most interesting and least intuitive travel time rule is overnight out-of-town travel. In these cases, the DOL requires employers to compensate employees for travel time that occurs during the employee’s normal work day.

For example, returning to our employee who works from 9:00 AM to 5:00 PM, he must be compensated for only his travel time that coincides with his normal work day.

What is more, this rule applies to any day of the week, even days on which the employee does not normally work. For example, an employee who typically works Mondays through Fridays, but travels for business during her normal working hours on a Saturday or Sunday must be paid for such travel time.

In addition, it is important to note that if an employee is offered public transportation, but requests to drive her own car instead, the employer may count as hours worked either the time spent driving the car or the time she would have had to count as hours worked during working hours if she had used public transportation.

Also, employers need not pay employees on out-of-town trips for their regular meal periods.

Lastly, employees must always be paid for any actual work they perform while traveling.

Other Considerations

Please keep in mind that this blog post addresses the legal requirements pertaining to travel time pay; however, employers may always pay for travel that does not necessarily require compensation pursuant to the FLSA and DOL regulations.

Also note that it is important to confirm whether the state or locality within which your traveling employees work does not have different, i.e. more rigorous, travel pay requirements than the FLSA. You should always consult your human resources specialist, internal or external counsel to make sure you are in full compliance with not only federal, but also state and local law requirements.

Lastly, it is always the best practice to provide clear guidelines to your employees in your employee handbook or as a standalone policy so there is no confusion on anyone’s part as to when employees should be compensated for travel time.

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When Must I Pay Employees for Travel Time?

Travel Time vs. Commuting Time

Image by Jo Zixuan Zhou © The Balance 2020 

In general, your business should pay employees for the time they spend traveling for work-related activities. You don't have to pay employees for travel that is incidental to the employee's duties and time spent  commuting  (traveling between home and work). Travel time can include both local trips and travel away from home. 

Travel vs. Commuting Time 

Commuting is going back and forth to work. Everyone (at least everyone who doesn't work at home) commutes to a job. Commuting time is personal time, not business time. The IRS does not allow businesses to deduct commuting time as a business expense, and employees should not be paid for the commuting time.     

The Department of Labor (DOL) discusses employees who drive employer-provided vehicles. The DOL considers the time spent in home-to-work travel by an employee in an employer-provided vehicle, or in activities performed by an employee that are incidental to the use of the vehicle for commuting, generally is not "hours worked" and, therefore, does not have to be paid.  

Here's a possible rule of thumb: If your business authorizes a trip by an employee, no matter how the employee travels (car, train, bus, etc.) you should pay for the employee's travel time. 

Travel time for hourly and salaried employees may be counted differently. Pay to employees for local travel time is only applicable to non-exempt (hourly) employees, not to exempt (professional or managerial) employees.     Exempt employees are paid for their expertise by the job, not by the hour.  

Different Types of Travel Time:

Home to Work Travel , as explained above, is commuting time, not work time, and it's not paid.

Travel on Special One Day Assignment in Another City. The DOL says "the time spent in traveling to and return from the other city is work time," but they note that you may deduct the time the employee would spend commuting.

Sara works in an office in your company, but you send her to another city on a special assignment. She leaves from her home, goes to the city, and comes back home the same day. She spends 3 hours traveling (1 1/2 hours each way) from home to the other city. She would normally spend 30 minutes total driving from her home to work and back, so you could deduct the 30 minutes and pay her for 2 1/2 hours of travel time.

Travel That's Part of the Employee's Normal Work. Time an employee spends traveling is part of the job. You must count this time as work time. The time the employee spends going to the first job site, and home from the last job site, is commuting time and isn't paid.  

An LPN (licensed professional nurse) works for a nursing facility and travels between the two locations of this facility, providing care for patients at both locations. Her daily travel time between these locations must be included in her pay because she is not commuting. But she can't count the time driving from home to the first location or the time back home from the last location.

Travel Away from Home. If travel includes an overnight stay it is travel time. The DOL doesn't include travel away from home outside regular hours as a passenger on an airplane, train, boat, bus, or car as work time. But you must count hours worked on regular working days and work hours on nonworking days (weekends and holidays).  

If an employee travels from Cleveland to Pittsburgh for a two-day seminar at the direction of your company, you must pay for the hours the employee would have worked in a normal workday for each of those days, even if they were on Saturday or Sunday.

Incidental vs. Work Travel: Paid or Not Paid?

• An employee drives to work from his home every day. You ask him to stop on his way and pick up bagels for the staff meeting. This driving time is not paid. Time commuting to work is never paid time; the time to stop for the bagels is "incidental" to the commuting and is not part of the employee's job. 
• You ask an employee to drive to a store on work time to get bagels for the office meeting. If the employee makes this trip during normal work hours, he or she should be paid. 

Also, you might want to contact an employment attorney to discuss these issues. 

Paying for Travel Expenses

In addition to paying employees for travel time, you should pay their expenses for travel. The Department of Labor doesn't require reimbursement for travel expenses, but it makes sense to pay employees if you require them to travel.   Your business can deduct employee travel expenses as a business expense.   If employees mix business and personal travel, you need to sort out the part that is business-related and pay only these expenses. 

State Regulations on Paying for Employee Travel

Check with your state labor department to see if there are any rules which might override the federal rules. Contact the nearest local office of the U.S. Department of Labor for information on specific instances of travel time that affect your business.

Internal Revenue Service. " Publication 535 (2019): Business Expenses ," Page 5. Accessed May 26, 2020.

Internal Revenue Service. " Travel & Entertainment Expenses ," Page 3. Accessed May 26, 2020.

U.S. Department of Labor. " Travel Time ." Accessed May 26, 2020.

Electronic Code of Federal Regulations. " Travel Time ." Accessed May 26, 2020.

U.S. Office of Personnel Management. " Fact Sheet: Hours of Work for Travel ." Accessed May 26, 2020.

U.S. Department of Labor. " Fact Sheet #17D: Exemption for Professional Employees Under the Fair Labor Standards Act (FLSA) ," Pages 1-3. Accessed May 26, 2020.

U.S. Department of Labor. " Fact Sheet #22: Hours Worked Under the Fair Labor Standards Act (FLSA) ." Accessed May 26, 2020.

U.S. Department of Labor. " Opinion Letter FLSA 2018 ," Page 2. Accessed May 26, 2020.

U.S. Department of Labor. " Reimbursed Travel Expense Payments ," Page 1. Accessed May 26, 2020.

Internal Revenue Service. " Topic No. 511 Business Travel Expenses ." Accessed May 26, 2020.

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Hours of Work for Travel

Fact sheet: hours of work for travel, description.

In limited circumstances, travel time may be considered hours of work. The rules on travel hours of work depend on whether an employee is covered by or exempt from the Fair Labor Standards Act (FLSA). For FLSA-exempt employees, the crediting of travel time as hours of work is governed under title 5 rules-in particular, 5 U.S.C. 5542(b)(2) and 5544(a)(3) and 5 CFR 550.112(g) and (j). For FLSA-covered employees, travel time is credited if it is qualifying hours of work under either the title 5 rules or under OPM's FLSA regulations-in particular, 5 CFR 551.401(h) and 551.422.

Employee Coverage

Title 5 overtime laws and regulations apply to most FLSA-exempt Federal employees, including General Schedule and prevailing rate employees. Certain employees, such as members of the Senior Executive Service, are not eligible for overtime pay or other premium pay under title 5. (See 5 U.S.C. 5541(2) and 5 CFR 550.101 for coverage rules.)

OPM's FLSA regulations apply to most FLSA-covered Federal employees. (See 5 U.S.C. 5542(b)(2) and 5544(a)(3) and 5 CFR 551.102.) An employee may determine his or her FLSA status by checking block 35 of the most recent Notification of Personnel Action (SF-50) to find out whether his or her position is nonexempt (N) or exempt (E) from the overtime pay provisions of the FLSA. Alternatively, an employee may obtain a determination from his or her servicing personnel office.

Overtime Work

In general, overtime hours are hours of work that are ordered or approved (or are "suffered or permitted" for FLSA-covered employees) and are performed by an employee in excess of 8 hours in a day or 40 hours in a workweek. (See 5 U.S.C. 5542(a), 5544(a), and 6121(6) and (7), and 5 CFR 550.111 and 551.501. Note exceptions.)

Travel That is Hours of Work Under Title 5

Under 5 U.S.C. 5542(b)(2) and 5 CFR 550.112(g), official travel away from an employee's official duty station is hours of work if the travel is-

• within the days and hours of the employee's regularly scheduled administrative workweek, including regularly scheduled overtime hours, or
• involves the performance of work while traveling (such as driving a loaded truck);
• is incident to travel that involves the performance of work while traveling (such as driving an empty truck back to the point of origin);
• is carried out under arduous and unusual conditions (e.g., travel on rough terrain or under extremely severe weather conditions); or
• results from an event that could not be scheduled or controlled administratively by any individual or agency in the executive branch of Government (such as training scheduled solely by a private firm or a job-related court appearance required by a court subpoena).

An agency may not adjust an employee's normal regularly scheduled administrative workweek solely to include travel hours that would not otherwise be considered hours of work.

Travel That is Hours of Work Under the FLSA

For FLSA-covered employees, time spent traveling is hours of work if-

• an employee is required to travel during regular working hours (i.e., during the regularly scheduled administrative workweek);
• an employee is required to work during travel (e.g., by being required to drive a Government vehicle as part of a work assignment);
• an employee is required to travel as a passenger on a 1-day assignment away from the official duty station; or
• an employee is required to travel as a passenger on an overnight assignment away from the official duty station during hours on nonworkdays that correspond to the employee's regular working hours. (See 5 CFR 551.422(a).)

Official Duty Station

"Official duty station" is defined in 5 CFR 550.112(j) and 551.422(d). An agency may prescribe a mileage radius of not greater than 50 miles to determine whether an employee's travel is within or outside the limits of the employee's official duty station for determining entitlement to overtime pay for travel.

Administrative Workweek

An administrative workweek is a period of 7 consecutive calendar days designated in advance by the head of an agency under 5 U.S.C. 6101. The regularly scheduled administrative workweek is the period within the administrative workweek during which the employee is scheduled to work in advance of the administrative workweek. (See definitions in 5 CFR 610.102. See also 5 CFR 550.103 and 551.421.)

Commuting Time

For FLSA-covered employees, normal commuting time from home to work and from work to home is not hours of work. (See 5 CFR 551.422(b).) However, commuting time may be hours of work to the extent that the employee is required to perform substantial work under the control and direction of the employing agency-i.e., productive work of a significant nature that is an integral and indispensable part of the employee's principal activities. The fact that an employee is driving a Government vehicle in commuting to and from work is not a basis for determining that commuting time is hours of work. (See Bobo decision cited in the References section.)

Similarly, for FLSA-exempt employees, normal commuting time from home to work and from work to home is not hours of work. (See 5 CFR 550.112(j)(2).) However, commuting time may be hours of work to the extent that the employee is officially ordered or approved to perform substantial work while commuting.

Normal "home-to-work/work-to-home" commuting includes travel between an employee's home and a temporary duty location within the limits of the employee's official duty station. For an employee assigned to a temporary duty station overnight, normal "home-to-work/work-to-home" commuting also includes travel between the employee's temporary place of lodging and a work site within the limits of the temporary duty station.

If an employee (whether FLSA-covered or exempt) is required to travel directly between home and a temporary duty location outside the limits of the employee's official duty station, the time the employee would have spent in normal commuting must be deducted from any hours of work outside the regularly scheduled administrative workweek (or, for FLSA covered employees, outside corresponding hours on a nonwork day) that may be credited for the travel time. (The travel time is credited as hours of work only as allowed under the applicable rules-e.g., for an FLSA-covered employee, if the travel is part of a 1-day assignment away from the official duty station.)

• 5 U.S.C. 5542(b)(2) (General Schedule employees)
• 5 U.S.C. 5544(a)(3) (Prevailing rate employees)
• 5 CFR 550.112(g) and (j), 610.102, and 610.123
• 5 CFR 551.401(h) and 551.422 (OPM's FLSA regulations)
• Decision by United States Court of Appeals for the Federal Circuit, Jerry Bobo v. United States , 136 F.3rd 1465 (Fed. Cir. 1998) affirming Court of Federal Claims decision of same name, 37 Fed. Cl. 690 (Fed. Cl. 1997).
• Section 4 of the Portal-to-Portal Act of 1947 (61 Stat. 84) as amended in 1996 by section 2102 of Public Law 104-188. (See 29 U.S.C. 254.)

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FLSA Hours Worked Advisor

Travel Time

• Home-to-Work and Return Travel
• Home-to-Work and Return Travel, Employer’s Vehicle
• Travel Other Than Home-to-Work and Return
• Work Performed While Traveling

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Travel time as hours of work, applicability.

This information applies to GS, FP, and FWS EXEMPT and NONEXEMPT employees.

When is Travel Compensable

Time in a travel status away from the official duty station is compensable for EXEMPT and NONEXEMPT employees when the travel is performed within the regularly scheduled administrative workweek, including regularly scheduled overtime. In addition, travel is compensable for both categories of employees for purposes of meeting the daily and weekly overtime standards when it:

• Involves the performance of work while traveling, (e.g., as a chauffeur or courier);
• Is incident to work performed while traveling (e.g., a courier's travel relative to the spot where further travel to deliver a diplomatic pouch would begin);
• Is carried out under such arduous and unusual conditions that the travel is inseparable from work; or
• Results from an event which could not be scheduled or controlled administratively, including travel by an employee to such an event and the employee's return from such an event to his or her official duty station.

For a NONEXEMPT employee, travel meeting the weekly overtime standard (but not the daily overtime standard) also includes:

• Travel as a passenger on an overnight assignment during hours on nonworkdays which correspond to regular working hours; and
• One-day travel as a passenger to and from a temporary duty station (not including travel between home and the employee's normal duty station).

Who Makes the Determination

Officials to whom authority has been delegated to authorize or approve travel on official business are responsible for determining whether travel outside the regularly scheduled workweek meets any of the conditions for hours of work.

How Much Travel Time is Creditable For Pay

When travel outside the normal workweek constitutes hours of work, the following rules will apply in determining the amount of time in a travel status that is deemed hours of work for premium pay:

When is an employee in travel status . An employee is in a travel status only for those hours actually traveling between the official duty station and the point of destination, or between two temporary duty points, and the usual waiting time which interrupts travel.

When traveling by common carrier . Time in a travel status begins with the scheduled time of departure from the common carrier terminal, and ends upon arrival at the common carrier terminal located at the destination. However, when the employee spends 1 hour or more in travel between the common carrier terminal and place of business or residence, then the entire time traveling between the carrier terminal and place of business or residence (that is actual time traveling, exclusive of waiting time at the terminal prior to the scheduled departure time) counts as hours of work.

Waiting time . Usual waiting time between segments of a trip or at common carrier terminals counts as worktime for premium pay (up to 3 hours in unusually adverse circumstances, e.g., holiday air traffic, severe weather) provided travel away from the duty station is compensable because it meets any of the conditions of this Section.

Authority to Order Noncompensable Travel

Congress has not provided a remedy whereby an EXEMPT employee who performs official but noncompensable hours of travel may be compensated (57 Comp. Gen. 43, 50, 1977). A manager does, however, have the authority to schedule official travel that is noncompensable. As a requirement of 5 CFR 610.123, the manager must record the reasons for ordering such travel in a memo to be filed with the employee's Time and Attendance Report (T&A). A copy of the memo must be given the employee if the employee requests it.

Work performed while traveling . In order to meet the intent of the law as defined in the majority of Comptroller General decisions, work performed while traveling must be work which is inherent in the employee's job and which can only be performed while traveling, e.g., chauffeuring, hurricane reconnaissance performed aboard a plane flying into the eye of the hurricane, etc. Discretionary work such as review of a scientific presentation by a scientist or treaty papers by a foreign service officer enroute to a meeting is work which could be performed in an office independently of travel and does not satisfy the definition of work while traveling and is, therefore, not compensable for purposes of overtime. (B-146288, January 3, 1975)

Work incident to work performed while traveling . Travel which is incident to work performed while traveling must also meet the definition of "work performed while traveling" above. Travel which is necessary to meet another mode of travel is compensable for overtime purposes if the traveler performs work while traveling which is an inherent part of the job and which could only be performed while traveling, for example, a motor vehicle operator who is ordered to travel by plane in order to take responsibility for a truck which he or she is then to deliver to its permanent location (57 Comp. Gen. 43 (1977), or a courier who travels to pick up and deliver a pouch (B-178458, dated June 22, 1973). Travel and incidental transport of files is not within the definition since the transportation of files is work not inherent in the job (B-181632, dated April 1, 1975).

Travel under arduous conditions . Arduous means more than the inconvenience associated with long travel delays, unbroken travel, unpleasant weather, or bad roads. Prolonged travel in heavy blowing snow which makes driving difficult but stops short of endangering the employee might be considered arduous. A distinction must be made between travel which is arduous and travel which is hazardous duty. Each case must be judged on its own merits (B-193623,

July 23, 1979).

Travel resulting from an event which could not be administratively scheduled or controlled . An event that cannot be administratively scheduled or controlled implies immediate official necessity for travel. If it is discretionary when the employee begins travel, not including the minimum necessary time to make travel arrangements, the notion of immediate necessity which is implied by an event that could not be scheduled or controlled is lacking and the intent of the law as defined by the General Accounting Office is not satisfied. Therefore, time spent in such travel would not be compensable for overtime purposes

(B-186005, August 31, 1976).

Within the agency's administrative control . Whether the scheduling or timing of the event that precipitates an employee's travel was within the administrative control of the agency is strictly interpreted in decisions of the Comptroller General (CG). Travel on overtime to and from a meeting arranged at the discretion of two Federal agencies is not compensable since agencies have it within their power to ensure that the employee travels during work time (B-146288, January 3, 1975 et alia).

For the same reason, travel to and from training which is conducted by the government, under government contract or by a private institution solely for the benefit* of the government is not compensable since the government has it within its power to ensure that the start and end times of such training allow the employee to travel on work time (B-190494, May 8, 1978; also, 66 CG 620, 1987).

*In William A. Lewis et al, 69 CG 545 (1990). The CG ruled travel on overtime to and from training that is given by a private institution is compensable because government cannot control the private institution or its scheduling of the course. The Lewis opinion further held that the notion of "immediate official necessity for travel" which prior CG decisions have held must be present in travel which responds to an event that is not schedulable or controllable was established by the start time of the class. To be present when the class began, the employees had to travel on Sunday.

NOTE : The regulations which govern training time which is compensable as overtime and travel to and from training are separate and distinct. The circumstances under which premium pay may be paid while an individual is in training are covered in the section titled Premium Pay and Training.

Meeting abroad - a matter of accommodation . An employee's claim for overtime compensation for travel overseas to be present at the opening of a conference with representatives of a foreign government was disallowed. Although the employee's agency indirectly scheduled the meeting through the USAID Mission, the Comptroller General ruled the lack of governmental control envisioned by law and regulation for travel on overtime to be deemed compensable was not present. (Gerald C. Holst, B-202694, January 4, 1982; and B-222700, dated October 17, 1986).

NOTE : The Lewis decision (see discussion above) precipitated a review of CG decisions with the result that government control of events was sufficient to validate all previous decisions except one: Gerald C. Holst, was overruled. In overruling the 1986 decision, the Comptroller General found the agency to lack control of the scheduling of the meeting to an appreciable degree. Further, the start time of the opening conference established the immediate official necessity for travel. Travel, was, therefore, compensable.

Failure to plan . An employee who travels outside his or her normal tour of duty to perform maintenance on equipment so that the equipment can perform necessary functions in accordance with operational deadlines is not performing compensable travel if the maintenance responds to gradual deterioration which could have been prevented if maintenance was scheduled on a timely basis (49 Comp. Gen. 209, 1969).

Two-day per diem rule . An employee may be required to travel on his or her own time if in order to allow the employee to travel during working hours, the agency would be required to pay two days or more per diem. However, the two-day per diem rule does not of itself support an entitlement to overtime compensation for the employee. To be compensable at the overtime rate, travel must respond to an event that could not be scheduled or controlled administratively and there must be an immediate official necessity for the travel to be performed outside the employee's regular duty hours (60 Comp. Gen. 681, 1981).

Return travel . When an employee performs compensable overtime by traveling to an event which could not be controlled or scheduled, he or she is automatically eligible for compensation for return travel to his or her duty station.

Disparity in hours of work means disparate overtime entitlement . Because FLSA provides two situations in which a NONEXEMPT employee, but not an EXEMPT employee, can be paid for travel on overtime hours, (specifically, during hours on nonworkdays which correspond to regular working hours and for one-day travel as a passenger to and from a temporary duty station), it is possible for a NONEXEMPT employee to be paid for travel when an EXEMPT employee in the same situation is ineligible for overtime pay.

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DOL Issues Opinion Letter on Compensability of Travel Time

The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued two new  opinion letters . Of particular interest is opinion letter  FLSA2020-16  addressing compensability of employee travel time in certain situations involving construction sites located away from the employer’s principal place of business.  Specifically, the letter discusses the compensability of non-exempt (e.g., overtime-eligible) foremen’s and laborers’ travel time under the Fair Labor Standards Act (FLSA).  An opinion letter is an official document authored by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter. Opinion letters represent official statements of agency policy.

Background :

The DOL discusses three scenarios in which a construction company has job sites in various locations and employs foremen and laborers, all of whom are non-exempt under the FLSA. For safety and security reasons, the company keeps its trucks at its principal place of business. In each scenario, the company explains that foremen are required to travel to the employer’s place of business to retrieve a company truck; drive the truck to the job site, where it is used to transport tools and materials around the job site; and return the truck to the employer’s place of business to secure it.

Scenarios :

• Local job sites : The job site is local; that is, close to or within the same city as the employer’s principal place of business. Each foreman retrieves a company truck in the morning from the employer’s principal place of business, drives it to the job site, and returns it at the end of the day. You state that laborers may choose to “drive directly to the job site” or “drive to the principal place of business and then ride to the job site with the foremen[.]”
• Remote job sites : The job site is between 1-½ and 4 hours’ travel time from the employer’s principal place of business. The employer pays for hotel accommodations for all employees who work at the job site and pays to those employees a per-diem meal stipend. Each foreman retrieves a company truck from the employer’s principal place of business at the beginning of the job, drives it to the job site, and returns it at the end of the job. Laborers “are to drive their personal vehicles” to and from the remote job site at the beginning and end of the job, but some “want to drive their personal vehicles to the employer’s principal place of business and ride to and from the job site with the foremen[.]”
• Employees commute to remote job site : The facts are the same as in Scenario Two, but the laborers choose to travel between the remote job site and their homes each day rather than stay at the hotel.

Conclusion :

The DOL concluded that the foremen’s travel time is compensable in every scenario; that the laborers’ travel time is not compensable in Scenario One; that the laborers’ travel time may be compensable in Scenario Two; and that the laborers’ intervening travel time in Scenario Three—he drives from the remote job site to home and back between the beginning and end of the job—is not compensable.

For more information, contact Claiborne Guy at [email protected] or 703-837-5382.

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Travel Time Pay for Hourly Employees (2024 Update)

By Homebase Team

When it comes to travel time pay for hourly employees, things can get confusing for both employers and employees. If you run a business where your workers are paid by the hour but also have to travel for work, it’s important to understand what your obligations are and what your employees are legally entitled to.

Exempt employees don’t have to worry about this issue as much because they get a fixed amount of money in every paycheck, regardless of their travel time. However, for non-exempt employees, there are rules set by the government that say employers must pay them for the time they spend traveling.

In this post, we’ll go over everything you need to know about paying your hourly employees for travel time so your business can stay compliant.

What is Travel Time Pay?

Travel time pay refers to the money that employers are required to give their employees for the time they spend traveling to and from customer locations. It doesn’t include the regular travel from home to work.

In some emergency situations or when the employer asks the employee to do work-related tasks outside of their normal hours, the time spent commuting from home may be considered as paid time.

Travel Time Pay vs Break or Meal Time Pay

It’s important to note that travel time is different from break or meal time. According to the US Department of Labor, any break less than 20 minutes or longer breaks where the employee still has work duties must be paid.

If an employee is asked by their employer to travel during a full break or lunch period, that travel time is considered work-related and should be paid.

To avoid any confusion, it’s a good idea to have a separate policy in place that explains how lunch breaks and rest periods are handled in terms of pay.

Who is Entitled to Receive Travel Time Pay?

It’s important to understand that only certain employees, known as non-exempt employees, have the right to be paid for the time they spend traveling for work. This includes both hourly and salaried employees who fall into the non-exempt category.

On the other hand, there are employees called exempt employees who are not entitled to payment for work-related travel. In the United States, the Fair Labor Standards Act (FLSA) identifies different types of exempt employees, like executives, administrative staff, professionals, computer workers, and outside salespeople.

These exempt employees don’t get paid specifically for their travel time since they receive a fixed salary regardless of their travel obligations.

When Do You Have to Pay Hourly Employees for Travel Time?

Here are three common situations regarding paid work travel, but please note that these examples may not cover all possible scenarios.

Local Travel

If an employee’s job requires them to travel within their regular work hours, they must be paid for that time. This includes situations where they are engaged in work or waiting while traveling, even if it’s outside their normal work hours. However, employees who are on breaks or have enough time to do personal things are not eligible for payment during those periods.

Local Travel Example

Let’s say Rebecca is a personal assistant who drives her client, Steve, around town to run errands. If this travel is part of her job duties and occurs during her work hours, Sandra must be paid for that time.

Special One-day Assignment to Another City

If employees have to make a one-day trip to another city for work-related activities like conferences, classes, meetings, or similar events, you must pay them for the travel time to and from that city. However, you can deduct the time they would normally spend on their regular commute.

Some businesses choose to pay for the entire commuting time, but it’s not mandatory.

Special One-day Assignment to Another City Example

Let’s say Sheila works in your office and you send her to a conference. She travels from her home to the conference location and returns on the same day. The roundtrip takes her two and a half hours, while her regular daily commute is only 30 minutes.

In this case, you can deduct the 30-minute commute and pay her for two hours of travel time.

Overnight Travel

If a non-exempt employee travels away from home and stays overnight, you must count the hours they work on regular working days as well as work hours on non-working days (like weekends or holidays). However, you are not required to pay them for travel time that falls outside their regular work hours, unless they are working during that travel time (e.g., answering work emails or doing research on a work trip).

It’s important to note that these are general guidelines, and specific rules may vary depending on the location and applicable laws. You should familiarize themselves with the regulations in their jurisdiction to ensure compliance with travel time payment requirements.

How to Calculate Work Travel Time

One of the big challenges for business owners is figuring out how to calculate travel time pay accurately. It’s important to make sure that employees’ paychecks are fair and calculated correctly.

While you usually don’t have to pay for the time employees spend commuting between their homes and the workplace, other instances of work-related travel need to be accounted for. This includes adding the travel time to employees timesheets and paying them according to the law and company policies.

How Homebase Can Help Calculate Work Travel Time

Homebase is a time tracking tool that can make tracking travel time and managing employee hours much easier. It automatically tracks employees’ hours and locations while they’re on the move.

This means you can keep track of how much time your employees spend traveling for work. Homebase’s GPS time tracking feature lets you record drive time to different job locations.

GPS Time Tracking with Homebase

To make things even simpler, you can set up GPS Geofencing with Homebase. This allows for automatic tracking of when employees start and stop working based on their physical job location. With this feature, you’ll not only know how long it took employees to get to work sites but also precisely when they arrived and left.

Homebase also has features to streamline time tracking and invoicing. You can set different pay rates for travel hours and regular work hours, helping you streamline payroll . It also helps you handle overtime pay and helps you to plan employee routes and schedules to optimize travel time.

Travel Time Pay Rate Law by State

In some states, travel time pay rates must be the same as the rates for regular working hours, or they need to meet the minimum wage requirements at least. However, in other cases, travel rates might be calculated as a percentage of the employee’s normal pay rate.

In California, any travel time that exceeds an employee’s regular daily commute is considered compensable and must be paid at the agreed regular or overtime rates. Employers can set different rates for travel time, but they cannot be lower than the minimum wage.

In New York, the minimum wage regulations cover work-related travel. Employees must be paid for travel time if it is part of their job duties.

Oregon has different classifications for work travel time: portal-to-portal travel, travel between worksites, travel on special one-day assignments, and overnight travel. Generally, travel time pay is required for all types except for portal-to-portal travel (home-to-work and work-to-home).

In New Jersey, the Wage and Hour Laws ensure fair payment for travel time. When employees are required to travel between job locations as part of their work, they must be paid at the same rate as regular working hours.

In Maryland, paid travel time is defined similarly to federal regulations. It includes travel during regular working hours, travel between job locations, and home-to-work and back travel in emergency cases.

Nevada law states that any travel time considered as work should be paid at least at minimum wage rates. Additionally, any training requested by the employer must also be paid as it is considered work time.

Remember, these are general explanations, and specific regulations may vary. It’s essential for employers and employees to familiarize themselves with the specific laws in their state to ensure compliance with travel time pay requirements.

To make sure your business is following the rules, it’s important for them to understand the specific regulations about travel time pay in their area. Likewise, employees should be aware of their rights regarding travel time pay to ensure they receive fair compensation for the time they spend traveling for work.

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Travel Time Pay FAQs

How do you pay travel time for employees.

The method of paying travel time for employees depends on various factors, including the applicable laws and company policies. Here are a few common approaches:

Paying at Regular or Overtime Rates

In many cases, travel time is paid at the same rate as regular working hours. However, if employees exceed their normal work hours or if the travel time falls under overtime criteria, it should be compensated at the appropriate overtime rate.

Different Rates for Travel Time

Some employers choose to set specific rates for travel time, separate from regular working hours. These rates may be negotiated or agreed upon before the start of job execution, but they should not be lower than the minimum wage rates

Lump Sum or Flat Rate

In certain situations, employers may opt to provide a fixed amount as a lump sum or flat rate to cover travel time. This can simplify calculations and ensure consistent payments.

Travel time pay refers to the compensation that employees receive for the time spent traveling for work-related purposes. It encompasses the hours spent traveling to and from job sites, client locations, meetings, or other work-related destinations.

While travel time pay regulations can vary by jurisdiction, it typically applies to situations where employees are required to travel beyond their regular commute. The purpose of travel time pay is to ensure that employees are fairly compensated for the time and effort spent on work-related travel.

It’s important for employers to understand the specific laws and regulations in their jurisdiction to ensure compliance with travel time pay requirements.

How Do You Pay Travel Time for Hourly Employees?

Paying travel time for hourly employees involves considering various factors, such as the specific laws in your jurisdiction and your company’s policies. Here are some common practices:

Calculate Actual Hours

One approach is to track and pay hourly employees for the actual time spent traveling. This includes the time spent commuting between job sites or client locations. Employees should be compensated at their regular hourly rate for these travel hours.

Paying at Overtime Rates

If the travel time causes hourly employees to exceed their regular working hours or if it falls under overtime criteria based on applicable laws, it should be compensated at the appropriate overtime rate.

Set Flat Rates

Some employers choose to establish fixed flat rates for travel time. This means paying a predetermined amount for each trip or assignment, regardless of the actual hours traveled.

How Do You Pay Non-Exempt Employees for Travel Time?

Paying non-exempt employees for travel time requires careful consideration of legal requirements and company policies. Here are some common practices:

Compensate Actual Travel Hours

One approach is to track and pay non-exempt employees for the actual time they spend traveling. This includes the time spent commuting between job sites, client locations, or other work-related destinations. Employees should be compensated at their regular hourly rate for these travel hours.

Apply Overtime Rates

If the travel time causes non-exempt employees to exceed their regular working hours or qualifies for overtime based on applicable laws, it should be compensated at the appropriate overtime rate.

Establish Flat Rates or Lump Sum Payments

Employers may choose to establish fixed flat rates or provide lump sum payments for travel time. This involves paying a predetermined amount for each trip or assignment, regardless of the actual hours traveled. However, it’s important to ensure that these rates comply with legal requirements, such as meeting or exceeding minimum wage rates.

Do Employers Have To Pay Hourly Employees for Travel Time?

The requirement to pay hourly employees for travel time depends on various factors, including the specific laws in your jurisdiction and the nature of the travel. Here are some general guidelines:

Regular Commute

In most cases, employers are not obligated to pay hourly employees for their regular commute from home to the workplace and vice versa. This is considered ordinary home-to-work travel and is typically not considered compensable travel time.

Work-related Travel

However, when hourly employees are required to travel for work-related purposes, such as going to client locations or job sites, the travel time may need to be compensated. If the travel time exceeds the employee’s regular commute or falls under specific criteria outlined in labor laws, employers may be required to pay hourly employees for that travel time.

It’s important to note that travel time pay regulations can vary by jurisdiction, so it is advisable to consult the labor laws in your specific location and seek legal advice to ensure compliance.

Additionally, establishing clear travel time policies and communicating them effectively to employees can help avoid confusion and promote fair compensation practices.

Remember:  This is not legal advice. If you have questions about your particular situation, please consult a lawyer, CPA, or other appropriate professional advisor or agency.

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DOL Clarifies When Continuing Education and Travel Time Are Compensable

​The U.S. Department of Labor (DOL) has clarified the rules on when time spent fulfilling continuing-education requirements must be compensated under the Fair Labor Standards Act (FLSA) in a recent opinion letter.

In a separate opinion letter, the DOL explained when the travel time of nonexempt foremen and laborers is compensable.

A main takeaway from the first opinion letter is that when an employer lets an employee fulfill continuing-education requirements during normal work hours, the time will be compensable under the FLSA, said James Coleman, an attorney with Constangy, Brooks, Smith & Prophete in Fairfax, Va.

"Employers should pay their employees if they fulfill continuing education during regular work hours, or they should have a clear written policy prohibiting employees from attending such training during their regular work hours," said Susan Harthill, an attorney with Morgan Lewis in Washington, D.C.

"Employers will need to carefully consider the content of the continuing education—that is whether it directly relates to the employee's job, when it is being offered and whether such participation is voluntary," said Jeffrey Ruzal, an attorney with Epstein Becker Green in New York City. "These criteria dictate whether such continuing education must be treated as compensable work time."

Six Hypotheticals

In FLSA 2020-15 , the employer asked the DOL for guidance on the compensability of employee training in six hypotheticals where participation in the training programs is voluntary. Here are the scenarios and the DOL's answers.

1. A nurse uses her employer-provided education funds to take continuing education directly related to her job off hours, though she could view the on-demand webinar anytime. Is it permissible to treat this as unpaid time? Yes.

2. An accounting clerk uses his education funds for a webinar directly related to his job but that has no continuing-education component. Although he could view it any time, he does so off hours. Is it permissible to treat this as unpaid time?

The DOL said there wasn't enough information to determine whether the clerk's time viewing the webinar qualified as work time for FLSA purposes. If additional facts showed that the webinar corresponded to courses offered by independent bona fide institutions of learning, the time spent watching the webinar might not be considered compensable.

3. An accounting clerk uses his education funds for a webinar directly related to his job but that has no continuing-education component. Although he could view it anytime, he does so during work hours. Can the employer require him to substitute paid time off for the time spent watching the webinar?

No. The employee's participation during regular work hours in a training program that directly relates to the employee's job is work time for FLSA purposes. But the DOL added that the employer could establish a policy prohibiting such viewing during regular work hours.

4. An accounting clerk uses his education funds for a webinar that is not directly related to his job and has no continuing-education component. Although he could view it anytime, he does so during work hours. Is it permissible to require him to substitute paid time off for the time spent watching the webinar?

No. Even though the webinar is not directly related to the clerk's job, the viewing time would qualify as work time for FLSA purposes when the clerk views the webinar during regular work hours. But the employer could establish a policy prohibiting such viewing during regular work hours.

5. A nurse uses her education funds for a webinar that isn't directly related to her job but has continuing-education units that can go toward her licensure requirement. Although she could view it anytime, she does so during regular work hours. Is it permissible to require her to substitute paid time off for the time spent watching the webinar?

No. The viewing time would qualify as work time under the FLSA. But the employer could establish a policy prohibiting such viewing during regular work hours.

6. A nurse uses her education funds for an in-person weekend conference that covers several topics, some of which directly relate to her job. Continuing-education units are available. She has to travel out of town to attend. Both the travel and the conference cut across normal work hours, but the actual conference occurs on days she normally doesn't work. Does she have to be paid for her travel or training time?

No, so long as her participation in the training is voluntary and she does not perform any work during the trip.

The opinion letter provides that employers may prohibit employees from attending courses during work hours, Coleman emphasized. But an employer may want to consider allowing time during work hours to take a course to complete continuing-education requirements if the course is related to the employee's job, he added.

[Are you a small business with big legal questions? Check out the new  SHRM LegalNetwork .]

Travel Time of Nonexempt Foremen and Laborers

In FLSA 2020-16 , the DOL considered three scenarios involving whether the travel time of nonexempt foremen and laborers is compensable.

In the first scenario, the job site is local. Each foreman retrieves a company truck in the morning from the employer's principal place of business, drives it to the job site and returns it at the end of the day. Laborers may choose to drive directly to the job site or drive to the principal place of business and then ride to the job site with the foremen.

In the second scenario, the job site is between one-and-a-half and four hours' travel time from the employer's principal place of business. The employer pays for hotel accommodations for those who work onsite and a per diem meal stipend. Each foreman retrieves a company truck from the principal place of business at the beginning of the job, drives it to the job site and returns it at the end of the job. Laborers are to drive their personal vehicles to and from the remote job site at the beginning and end of the job, though some want to drive their personal vehicles to the employer's principal place of business and ride to and from the job site with the foremen.

In the third scenario, the facts are the same as in the second, except the laborers choose to travel between the remote job site and their homes each day rather than stay at the hotel.

The foremen's travel time between the employer's principal place of business and the job sites is compensable in each scenario, the DOL said.

In scenario one, the laborers' travel time isn't compensable.

In scenario two, the laborers' time driving in their own vehicles to the remote job site at the beginning of the job and home at the end of it is compensable if their travel cuts across their normal work hours, even if they are traveling on what would otherwise not be a workday, the DOL said. Travel from their hotel to the job site would not be compensable. If the employer offers the laborers the opportunity to ride to the remote worksite with the foremen in the company vehicles, the employer may choose to count as hours worked either the time accrued during a trip in the company trucks or the time the laborers actually take to travel to the remote worksite.

In scenario three, the laborers' travel to and from the job site at the beginning and end of the job would be treated the same as in the second scenario. The laborers' intervening drives home and back to the remote job site would not be compensable, which Coleman described as the "most notable" portion of this opinion letter.

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DOL Explains FLSA Travel Time Payment Rules for Part-Day-Telework Employees

Employment Law

Jan 15, 2021 | Employment Law

The U.S. Department of Labor (DOL) weighed in again on the question of employee travel time between home and office, i.e ., whether or under what circumstances it is compensable under the Fair Labor Standards Act (FLSA) for “an employee who chooses to telework for part of the day and work at the office for part of the day.” When employees must be paid for travel time has been a long-standing source of confusion for employers, as evidenced by the frequency of the U.S. Department of Labor’s (DOL) opinion letters addressing it.

The root of the confusion that the DOL has repeatedly tried to clarify is easy to identify: The FLSA requires e mployers to pay employees for their “work” but does not clearly or adequately explain under what circumstances an employee is actually considered to be at “work.”

In July 2018, the DOL dealt with payment of travel time scenarios in the context of a group of construction company employees who repaired, inspected, and tested construction cranes, working at different job sites, sometimes within the employees’ usual commuting distance and other times at remote or out-of-town work sites.

Fast forward to August 2020 when the DOL again looked to the construction industry to try to clarify under what circumstances “travel to and from home or a place of lodging at either end of the workday” is merely ordinary commuting time and is not compensable work time, for a group of non-exempt laborers and foremen who sometime worked at a fixed location and other times were assigned to different construction sites involving more travel time to get there.

In both instances the DOL distinguished between those job sites that were more-or-less within the employee’s usual commute time to and from the employer’s home office, finding the time generally not compensable, and other job sites that required significantly longer commute times, overnight stays, or out-of-town travel, with the DOL concluding that such time is generally compensable.

Now, with more than half of all employees in the U.S. teleworking on many, if not all, days since the COVID-19 pandemic began, and many employers expecting to continue to utilize teleworking even when the public health crisis abates, perhaps it was inevitable that the DOL would take up the issue of when an employee “who chooses to telework for part of the day and work at the office for part of the day . . . while completing personal tasks in between. . .” must be paid for the travel time involved?

The DOL’s Part-Day Telework Scenarios

Partial Telework Scenario One : Employee had a parent-teacher conference at her child’s school from1:30 p.m. to 2:15 p.m. The employer permitted her to attend the conference and then work from home rather than returning to the office. She left her office at 1:00 p.m., drives 30 minutes to the school, and met with the teacher for 45 minutes; the travel time from the school to her home was 30 minutes.

The employer asked the DOL: Was the time spent driving from office to the school and from the school to home compensable travel time under the FLSA, assuming the employee performed no work during her commutes? Did the outcome depend on whether the employee:

• Immediately resumed work when she got home?
• Devoted an hour to personal activities once at home and then resumed working?
• Devoted two hours to personal activities once at home and then resumed working?
• Devoted an hour to personal activities before driving home, and devoted another hour to personal activities upon arriving home, and then resumed working?

Partial Telework Scenario Two : Employee had a doctor’s appointment from 8:30 a.m. to 9:15 a.m. The drive from her home to the doctor’s office was 45 minutes. The drive from the doctor’s office to the employer’s office was 15 minutes. Employer permitted the employee to work from home before driving to her appointment and to work the rest of the day after the appointment at her regular office location.

To start the day, the employee:

• worked at home from 5:00 a.m. to 6:00 a.m.,
• was free to perform personal activities between 6:00 a.m. and 8:00 a.m.,
• left for her appointment at 8:00 a.m.,
• finished her appointment at 9:15 a.m., and
• arrived (and begins working) at her office at 9:30 a.m.

At the end of the day, the employee:

• left her office;
• commuted home as usual, and
• performed no work either during the commute or after she arrived home.

The employer posed two related questions to the DOL:

• Is the employee’s one hour of travel time from home to the appointment and the appointment to the office compensable?
• Is the employee’s commute time from her office to home, where she first began working that day, compensable?

The FLSA Basics

The Supreme Court explained many years ago that “work” time under the FLSA occurs when an employee’s activities are controlled or required primarily for the benefit of the employer. Under what is known as the “continuous workday doctrine,” “work” is the period between the “commencement and completion on the same workday of an employee’s principal activity or activities.” It is generally compensable time.

Normal commuting or travel time, i.e. , an employee’s ordinary travel from home to work before the regular workday and travel from work to home at the end of the workday, is not compensable, provided that the employee does not perform any work duties during the commute. In contrast, however, travel that is a part of an employee’s principal activity, e.g. , travel between different worksites between the start and the end of the workday, is considered part of the employee’s workday and must be paid.

How Do the FLSA Basics Play Out for Part-Day Telework Employees?

In the first partial-day telework scenario above, the DOL concluded that the employee’s travel time “is not compensable because she [was] either off duty or engaged in normal commuting.” From 1:00 p.m., when the employee left the office, and when she resumed work at 2:45 at the earliest, she was “off-duty.” The time was the employee’s to do as she pleased, and she was able to freely choose the hour at which she resumed working. Thus, she was no longer performing any duties for the employer and is not entitled to be paid for that time.

The DOL reached the same outcome in the second part-day telework scenario. While the employee was on duty at 5:00 a.m. of her own volition and was entitled to be paid for the time she worked, at 6:00 a.m., she was unquestionably off duty and free to use her time between then and when she resumed working at 9:30 a.m. Thus, that time is not compensable. Her travel time home at the end of the workday was ordinary commuting time and not compensable.

In addition, in both scenarios, travel time between the employee’s home, the personal appointment, and the employer’s office was not compensable travel time between worksites under the continuous workday doctrine, according to the DOL.

What Does this Mean to You?

Calculating employee travel time can pose significant challenges for many employers, especially for those with variable telework schedules. There are multiple factors you must consider, and there are few bright lines to establish when an employee is at “work,” converting what would have been an unpaid commute into time on the clock.

If you find yourself facing questions about employee travel circumstances, such as those described above, the employment law attorneys at Bean, Kinney & Korman can assist in evaluating your company’s specific questions and in crafting reasonable solutions. Please contact Doug Taylor at (703) 525-4000 or [email protected] .

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.

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Are you traveling for July Fourth? Here's how to beat the travel rush.

Updated on: June 27, 2024 / 6:15 PM EDT / AP

The Fourth of July is right around the corner, and the travel rush is already heating up.

Millions of Americans are preparing to get out of town sometime in the coming holiday week. That will likely mean busy roads, as well as packed airports and train stations.

Motor club AAA projects that some 70.9 million travelers will head 50 miles (80 kilometers) or more from their homes over a nine-day Independence Day travel period — surpassing pre-pandemic numbers for the U.S. holiday. And the Transportation Security Administration expects to screen over 32 million individuals in airports from this Thursday through July 8, up 5.4% from last year's numbers.

• Here's how to save money on your Fourth of July barbecue

Are you traveling for the Fourth? Here's a rundown of what you need to know.

Smooth sailing for travel around any holiday is never a given. But avoiding the most hectic times, when others are rushing out of town, is a good way to start.

If you're traveling by car for the Fourth of July, it's best to hit the road in the morning, according to transportation data and insights provider INRIX. Peak traffic congestion varies by location, INRIX data published by AAA shows, but the worst times to drive on, or leading up to, the holiday are generally between 2 p.m. and 7 p.m. Either way, be prepared for the roads to be jammed.

"Road trips over the holiday week could take up to 67% longer than normal," Bob Pishue, transportation analyst at INRIX, said in a prepared statement.

July Fourth falls on a Thursday this year, and many travelers will likely take Friday July 5th off to extend their trip into a four-day weekend. Drivers in large metro areas can expect the biggest delays on Wednesday July 3 and Sunday July 7 — as travelers leave and return to town, Pishue added.

And if you're renting a car ahead of July Fourth, the busiest pickup days will be Friday, Saturday and Wednesday before the holiday, AAA notes.

Airports will also likely be packed all week long — but the TSA expects most people will take to the skies on Friday.

It anticipates that it will screen more than 3 million individuals Friday. That would surpass the agency's current record for most people screened on a single day, which reached just under 3 million last Sunday.

"We expect this summer to be our busiest ever," TSA Administrator David Pekoske said, adding that travel typical peaks around Independence Day.

Last year, the busiest day for Fourth of July air travel was also the Friday ahead of the holiday, TSA data shows. If past trends hold, travel will likely be higher on the days before and after the Fourth — particularly closer to the weekend. In 2023, for example, more than 2 million people were screened on the Fourth, which landed on a Tuesday last year, down from 2.88 million the Friday before.

Flights can be delayed or canceled for an array of reasons — from plane-specific mechanical problems to major storms impacting popular travel paths.

If your flight is canceled, airlines are required to provide refunds for customers, even if the cancellation is due to weather. Delays are trickier, because they typically have to meet certain criteria for relief, such as refunds or compensation — but carriers will often give customers to chance to switch to alternative flights, if available, at no cost.

In April, the Biden administration issued final rules that include requiring airlines to provide automatic cash refunds within a few days for canceled flights and "significant" delays. Those rules are set to take effect over the next two years, but the Department of Transportation has a site that lets consumers see the commitments each airline has made for refunds and covering other expenses when flights are canceled or significantly delayed.

It's better to be stuck at home than locked in hourslong traffic or stranded in an airport terminal. Before heading out the door this holiday week, do yourself a favor and check the status of your travel plans.

Was your flight, train or bus ride delayed? Are there are traffic incidents set to disrupt your drive? And what about the weather? A quick look through your itinerary — such as trip updates on a carrier's website — checking weather forecasts and monitoring traffic safety through services like the 511 hotline or your phone's navigation apps can go a long way toward avoiding travel misery.

Here are a few more tips to keep in mind:

— Leave early: There are more people everywhere during a holiday week, so lines will be longer and roads will be busier. Give yourself more time to get to your destination or to make your way through airport security.

— Keep an eye on the weather — and not just for your destination: Look at the weather for your entire travel path. Even if it's sunny skies both at home and the place you're headed, it's important to keep an eye out for any storms in between. You may need to do some rerouting.

— Be kind: A trip delay or cancellation can be really frustrating — but if you're running into disruptions, chances are others are too. Customer service agents have a lot on their plate at this time of year, and it's important to be patient and respectful as they try to help you.

• Transportation Security Administration

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Fourth of July travel period kicks off at SEA

SEATTLE - The Transportation Security Administration (TSA) is prepared for high passenger volumes during the Fourth of July travel period at airports nationwide including Seattle-Tacoma International Airport (SEA). With single day records being set recently for the number of passenger screened at airports nationwide, TSA is advising air travelers to arrive at the airport early and prepared for every step of the travel process. 

TSA nationally expects to screen more than 28 million people between Friday, June 28 through Monday, July 8. This is a 5.4% increase over 2023 Independence Day holiday travel volumes. Locally, TSA projects it will screen more than 725,000 people at SEA during the same 11-day period.

TSA anticipates the peak travel day will be Sunday, July 7, when the agency expects to screen more than 3 million individuals at 434 airports. Locally, TSA at SEA expects to screen nearly 74,000 people today, making it perhaps the busiest day of the Fourth of July holiday travel period and potentially the busiest day ever at for TSA locally. TSA staffs to meet its wait time standards, which are 10 minutes and under in TSA PreCheck® lanes and 30 minutes and under in standard screening lanes.

High travel volumes and busy security checkpoints have become the norm lately. Twelve of the agencies Top 15 busiest travel days nationally have occurred since mid-May.

At SEA, TSA had its second and third busiest days ever in the past week. On Sunday, June 23, 2024, TSA at SEA screened more than 72,900 people, which ranks second overall; on Friday, June 21, 2024, TSA at SEA had its third busiest day ever when more than 72,700 people were screened.

The busiest times at the SEA checkpoints daily are 5 a.m. to noon and 3 p.m. to 5 p.m. The single busiest hour for TSA at SEA is 9 a.m., which is the time when those departing on the late morning flights are coming through the security checkpoint.

The busiest days of the week at SEA during the summer months are Thursdays through Mondays. Regardless of your flight departure time or day of the week, this summer all travelers - no matter at what airport - will need to arrive early and prepared for every step of the air travel experience.

“We have been anticipating the arrival of the Fourth of July travel period and planning our security operations to ensure that we are prepared for the surge in travelers who will be coming to the airport. TSA officers will be on the job to ensure travelers have a smooth trip through SEA,” said TSA Federal Security Director for Washington Greg Hawko. “We are asking travelers to be good partners with TSA and ensure that they are prepared for the screening process. Please don’t bring prohibited items in your carry-on luggage and allow plenty of time for every step of the travel process. We look forward to making good on our plans to deliver top notch security in the most efficient manner.”

Final advice from TSA Here are some tips to help all travelers have a smooth trip through the security checkpoint at any airport:

Arrive at the airport early and prepared. Allow ample time to park, navigate to the terminal, check luggage and proceed through the TSA security screening checkpoint. Keep in mind that most flights board 30 - 45 minutes prior to the scheduled departure time. Be prepared for any scenario. In the security checkpoint, have your photo identification and boarding pass ready. This will keep you from slowing down the screening process for you and everyone behind you. Listen to directions provided by TSA officers. The advisements are specific to the type of screening you will experience. The information given will make your screening experience quicker and smoother. Pack smart. Always start with an empty bag to ensure you don’t inadvertently bring prohibited items to the security checkpoint. Place electronics larger than a cell phone and travel size liquids at the top of your carry-on so they can be easily accessed if you are required to remove them. Also, be sure that all liquids are 3.4 ounces (100 ml) or less if transporting them through the security checkpoint. Get assistance prior to traveling . Ensure that carry-ons do not contain prohibited items since they slow down the security screening process. To determine whether an item is allowed or prohibited in carry-on luggage, download the MyTSA app and use the “What Can I Bring?” feature. Another option is to snap a picture of an item and send it to @AskTSA on Twitter or Facebook Messenger for real-time assistance. Travelers can also send a question by texting “Travel” to AskTSA (275-872). ###

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Summer Travel 2024: Record Air Travel, Fewer Cancellations, Better Airports, More Passenger Protections

Year-to-date flight cancellation rate is just 1.4% during a record-breaking summer travel season​​​​​

WASHINGTON – Despite record-breaking levels of air travel this year, Federal Aviation Administration (FAA) numbers show that the flight cancellation rate for the first half of 2024 was just 1.4% – nearly the lowest rate in over a decade. The latest data from airlines reported to the U.S. Department of Transportation shows that weather continues to be the leading cause of flight cancellations.

On June 23, the Transportation Security Administration (TSA) screened more than 2.99 million individuals in a single day at U.S. airports – the most airline passengers the agency has screened in its history. TSA expects to screen more than 32 million individuals this Independence Day travel season, which is a 5.4% increase over last year. At the same time, airfares are down 6% over the last year and below pre-pandemic prices.

“This year’s record-breaking air travel is another good sign for our economy as more Americans take to the skies than ever before,” said U.S. Transportation Secretary Pete Buttigieg. “To help avoid travel headaches, the Biden-Harris Administration has taken historic action to modernize airports and expand passenger protections for a smoother travel experience.” 

President Biden’s Bipartisan Infrastructure Law invests $25 billion in U.S. airport infrastructure over five years. This unprecedented investment is not only improving runways and air traffic control towers but also adding gates and adding flight capacity, modernizing baggage systems, replacing passenger boarding bridges, reconfiguring security screening areas, improving safety, and more to finally deliver world-class airports in the U.S. and meet anticipated demand in the decades to come. Just this week, the Federal Aviation Administration announced $289 million in airport infrastructure grants in 40 states and an additional $1 billion in available funding to modernize airport terminals. Thanks to the Bipartisan Infrastructure Law, nearly 200 terminal projects are already under construction to modernize America’s airports and make air travel safer and smoother. 

The Biden-Harris Administration has taken historic action to improve airline passenger rights and oversight of the airline industry: 

• The rule makes clear that airline passengers are entitled to a refund when their flight is canceled or significantly changed and they no longer wish to take that flight or be rebooked, when their checked baggage is significantly delayed, or when extra services they paid for – like Wi-Fi – are not provided. The rule also requires refunds to be automatic, prompt, in the original form of payment, and in the full amount paid. Airlines must comply with the rule by late October.  
• Provisions of the final rule on airline refunds were fortified through the FAA Reauthorization Act of 2024 that President Biden signed into law on May 16, 2024. 
• The rule creates a more competitive airline market by requiring airlines to disclose critical extra fees – like change fees and baggage fees – upfront to ensure consumers can better understand the true cost of air travel. The rule also bans “bait-and-switch” advertising tactics and requires airlines to clearly tell passengers upfront that a seat is included with the cost of their ticket. This rule is expected to save consumers over half a billion dollars every year.  
• Launched the flightrights.gov dashboard, after which all 10 major U.S. airlines guaranteed free rebooking and meals when an airline issue causes a significant delay or cancellation. These are new commitments the airlines added to their customer service plans that DOT can legally ensure they adhere to through enforcement action.  
• Secured nearly $4 billion in refunds and reimbursements owed to airline passengers – including over $600 million to passengers affected by the Southwest Airlines holiday meltdown in 2022.  
• Issued nearly $170 million in penalties against airlines for consumer protection violations since President Biden took office. In comparison, between 1996 and 2020, DOT collectively issued less than $71 million in penalties against airlines for consumer protection violations.  
• Set up a system to expand the Department’s capacity to review air travel service complaints by partnering with a bipartisan group of state attorneys general , which will help hold airlines accountable and protect the rights of the traveling public.

New Federal Overtime Pay Requirements Go Into Effect July 1

The U.S. Department of Labor’s (DOL) new rule increasing the salary level for determining overtime pay requirements for certain salaried employees goes into effect on July 1.

Beginning July 1, workers categorized as executive, administrative or professional employees earning less than $43,888 annually will be eligible for overtime pay. Additionally, the salary level will increase to $58,656 on Jan. 1, 2025, marking a nearly 65% increase from the current salary threshold of $35,568, and beginning July 1, 2027, salary levels will update every three years using up-to-date wage data.

Under the Fair Labor Standards Act, salaried workers classified as executive, administrative, professional, outside sales and computer employees are exempt from overtime pay requirements if a worker earns at or above a defined salary level called the “standard salary.” Under the final rule, salaried workers — which often include construction supervisors — earning less than the finalized standard salary levels per year will be eligible to receive the standard overtime rate for hours worked over 40 in a workweek.

NAHB has remained active on the issue since the rule was first proposed in late 2023, including submitting comments in response to the proposal and joining a coalition of business groups in a lawsuit challenging the final rule. Additionally, NAHB held a  webinar with more information about the final rule, the new salary levels and how your business can ensure compliance.

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July 1, 2024 DOL Overtime Rule Temporarily Blocked for State of Texas Government Employees

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The injunction temporarily halts the implementation of the DOL final rule for government employees of the state of Texas.

Late on June 28, 2024, Judge Sean D. Jordan of the United States District Court for the Eastern District of Texas, temporarily blocked the United States Department of Labor (DOL) overtime exemption rule set to take effect July 1, 2024 – but only for government employees working for the state of Texas. As a result, the overtime exemption rule for all other FLSA covered employers will take effect as scheduled on July 1, 2024.

The Details

On April 23, 2024, the DOL released a final rule updating the salary threshold required for executive, administrative, and professional employees to be exempt from the FLSA's minimum wage and overtime requirements. For an employee to be exempt from the FLSA minimum wage and overtime requirements, the following three tests must be met:

1. Salary basis test: Employee is paid a predetermined and fixed amount that is not subject to reduction because of variations in the quality of quantity of worked performed.

2. Salary level test: The amount of salary paid to the employee must meet a minimum specified amount.

3. Duties test: The employee must perform executive, administrative, or professional duties.

The final rule did not modify the salary basis test or the duties test provisions but did increase the salary level amounts an employee must be paid to be paid in order to be exempt from the FLSA minimum wage and overtime requirements. Prior to July 1, 2024, an employee must be paid a minimum of $684 per week ($35,568 per year). Beginning July 1, 2024, an employee must be paid a minimum of $844 per week ($43,888 per year). These minimum amounts are set to be increased again on January 1, 2025. For more information on future increases as well as information on alternative salary tests and the use of bonuses and incentive payments to satisfy the salary level test, please review the details here .

The Court's Ruling

In finding that the DOL likely exceeded its authority in implementing the final rule, the court indicated: "An examination of the ordinary meaning of the EAP Exemption's undefined terms shows that the Exemption turns on an employee's functions and duties, requiring only that they fit one of the three listed, i.e., 'executive,' 'administrative,' or 'professional capacity.' The exemption does not turn on compensation." The court also pointed out that the case is "déjà vu all over again," referencing a Texas district court decision that had enjoined the DOL's attempt to increase the salary level in 2016. The court's decision is the first to apply the U.S. Supreme Court's June 28, 2024 decision in Loper Bright Enterprises v. Raimondo, which overruled the "Chevron doctrine" of deference to federal agencies, to find a federal rule is unlawful. Chevron deference has been a foundational precedent for more than 40 years. In that time, courts have issued thousands of decisions deferring to a broad range of regulations issued by federal agencies, including, for example, the DOL. The Loper Bright decision will likely make it easier to challenge federal regulations in the future.

Next Steps:

The injunction temporarily halts the implementation of the DOL final rule for government employees of the state of Texas. All other employers should continue to implement the requirements of the final rule effective July 1, 2024. However, it is important to note that other cases challenging the final rule are pending. Specifically, one brought by Texas businesses and another pending in the Fifth Circuit Court of Appeals that challenges the DOL's authority to issue any salary requirements. ADP will continue to monitor these and any other challenges and report any new developments.

ADP Compliance Resources

ADP maintains a staff of dedicated professionals who carefully monitor federal and state legislative and regulatory measures affecting employment-related human resource, payroll, tax and benefits administration, and help ensure that ADP systems are updated as relevant laws evolve. For the latest on how federal and state tax law changes may impact your business, visit the ADP Eye on Washington Web page located at www.adp.com/regulatorynews.

ADP is committed to assisting businesses with increased compliance requirements resulting from rapidly evolving legislation. Our goal is to help minimize your administrative burden across the entire spectrum of employment-related payroll, tax, HR and benefits so that you can focus on running your business. This information is provided as a courtesy to assist in your understanding of the impact of certain regulatory requirements and should not be construed as tax or legal advice. Such information is by nature subject to revision and may not be the most current information available. ADP encourages readers to consult with appropriate legal and/or tax advisors. Please be advised that calls to and from ADP may be monitored or recorded.

If you have any questions regarding our services, call 855-466-0790.

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Updated on July 1, 2024

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For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes.

Some states have overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay).

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative).

The Contract Work Hours and Safety Standards Act (CWHSSA) requires contractors and subcontractors on most federal contracts over $100,000 for services or construction to pay laborers and mechanics at least one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA also applies to most federally assisted construction contracts.

Webpages on this Topic

Overtime Fact Sheets Fact sheets on various overtime topics.

"When Is Overtime Due?" Information about overtime from the elaws FLSA Advisor.

"Is Extra Pay Required For Weekend Or Night Work?" Additional information about overtime pay from the elaws FLSA Advisor.

"When Is Double Time Due?" Additional information about overtime pay from the elaws FLSA Advisor.

Fact Sheet on the Overtime Pay Requirements of the Fair Labor Standards Act (FLSA) (PDF) Provides general information concerning the application of the overtime pay provisions of the FLSA.

Handy Reference Guide to the Fair Labor Standards Act Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.

Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet General information about who is covered by the FLSA.